through mere errors of judgment, are interpreted into crimes and to be ground of impeachment," wrote Timothy Pickering.^ Of the violent temper of the Court's foes, however, possibly the most significant illustration may be found in a letter (only recently come to light) from the radical Republican leader of Delaware, Caesar A. Rodney, written eight days before the decision of the Court in Marbury v. Madison and three weeks after the final denial by Congress of the prayer of the Circuit Court Judges:*
The Judges have made their d^but and have a proper cong^. How strangely have they and their friends man- aged the business. Some fatality seems to attend every step our opponents take. The Supreme Court will pro- ceed with caution, I should imagine, if the subject be brought before them, which I suspect will be the case. The opposition will try it perhaps in every shape of which this political Proteus is capable. They will wait, I presume, to see what length the Court dare go in the case of the justices and if encouraged sufficiently they will appear next on the stage. K they {i.e. the Judges of the Supreme Court) do assert unconstitutional powers, I confidently trust there will be wisdom and energy enough in the L^slative and Executive branches to resist their encroachments and to arrai^ them for the abuse of their authority at the proper tribunal. Such monstrous doctrines have been preached and such unlimited powers arrogated for them that I know not what they may possibly do. They should remember, however, that there is a boundary which they cannot pass with impunity. K they cross the Rubicon, they may repent when it will be too late to return. Judicial supremacy may be made to bow before the strong arm of Legislative author-
1 Jame$ A. Bayard Papers, letter of Bayard to Baasett, Feb. 12, 1802; WiUiam Plumer Papers MSS, letter of Plumer to Jeremiah Mason, Jan. 14, 1808 ; Piehering Papen MSS, letter of Higginson to Pickering, Feb. 15, 1804 ; DocumenU Rdai^ing to New England Federalism (1877) ; letter of Higginson to Pickering, Feb. 11, 1804; Life and Times of George Cabot (1877), by Henry Cabot Lodge, letter of Pickering to Theodore Lyman, Feb. 11, 1804.
- Joseph H. Nicholson Papers MSS, letter of Rodney to Nicholson, Feb. 16, 1808.
